pipeline and water line right of ways

Hello, This is my first post. I am a landowner in WV with a lease signed with CHK. The well is not on my property but CHK  wants to construct water line to draw water from a creek that runs through my property to the drill site. CHK also wants to construct a gas transmission pipeline across my property to tie in with another drill site. 

We've received the initial right of way agreement documents from the sub contractors who will be constructing them.

Does anyone in northern WV have any experience with this? I would like to hire an attorney

familiar with these issues to add the necessary amendments (ie liability, timber, etc).

Thanks

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Permalink Reply by john t neil on December 7, 2011 at 12:23pm

Just wondering what co. in northern wva are you in?

Permalink Reply by Kim Paine on December 7, 2011 at 12:50pm

.

Permalink Reply by Kim Paine on December 7, 2011 at 1:06pm

Brooke

Permalink Reply by john t neil on December 8, 2011 at 11:40am

MY FAMILY also has property in brooke co. chk is going to put the rig on our property. What road are you on in brooke co? WE are on apple pie ridge.

Permalink Reply by Bird on December 8, 2011 at 5:40pm

I like to know how close to a house can they put a gas pipeline.They are about to put a pipe line in at my dads house and they what to put a 20 inch line in. Be in there front yard about 50 feet from the house.

Permalink Reply by Kim Paine on December 9, 2011 at 1:13am

The distance from a home, and depth should be something one can stipulate in the contract. I'm wondering how much people are getting per foot for a right of way. We are in negotiations for two ROWs, one for a buried gas transmission line that will connect the well close to our prop to another future well several miles away, and the other for an above ground temporary ROW for a water line to draw water out of a creek on our property. I'm hoping to get some information on how much the gas companies are willing to pay since precendent should go a long way during negotiations.

 

I've also been trying to find some information on the typical size of a production unit. Is there a minumum and maximum size?

 

What state and region are you located in?

Permalink Reply by Bird on December 9, 2011 at 2:40am

i live in ohio monroe county they didn't have a money amout yet only thing they would say that everyone will getting the same amout per foot

Permalink Reply by Kim Paine on December 9, 2011 at 3:14am

Are they going for Utica or Marcellus?

Permalink Reply by Jack Straw on December 9, 2011 at 4:04am

One thing to consider.

A 20" pipeline this close to a house might negatively effect your dad's household insurance. His insurer may choose to raise  the premiums or wish to cancel the policy.

Perhaps your father should premptively contact his insurer.

Personally, I think that 50 feet is too close to a house for a 20" line.

RE: "only thing they would say that everyone will getting the same amount per foot"

They can "say" that everyone will getting the same amount per foot; and then pay different people different amount.

When they say "everyone will getting the same amount per foot", what they are really saying is "we would like to pay everyone the same small amount per foot".

It is not about what they want to pay, it is about what your father is willing to accept.

 

JS

Permalink Reply by Kim Paine on December 11, 2011 at 3:38am

Thanks...these are good points to consider. We don't have prod. unit info yet. CHK is illusive when we ask them about this.

Permalink Reply by Janice L. Hancharick on December 9, 2011 at 4:18am

Lots to be considered in ROW leases!  $$$ amt. determined by diameter of pipe and linear foot.  State explicitly # of pipes to be laid. ONE is a good place to start.  If they want to come back later and put more in, that's another lease.  This land will always be yours to pay taxes on, and they'll likely go up over the years.  Request that every 5 yrs. you receive a COLA to cover that added expense.

You have a frost line.  The pipe should be 1 ft. below the frost line ... 48" down if heavy equipment will ever have to cross the pipe that's laid on your AC.  Since this pipe will come into your AC from one direction and leave on the other side, get both neighbors to use the same bargaining tools as you.

Reclamation of land once the pipeline is laid ... return to its original condition, and maintained several times a year.  Have them show proof of liability insurance if anything should ever go wrong (break in pipe!) that results in damage to surface ... fields, livestock, and buildings, and subsurface leaks that enter your water resource.

If they want your water, have it determined in writing how many gallons they will be buying from you and the monitoring system used ... payment to be set on a regular basis. 

Timber that must be removed should have its market value determined BEFORE anything begins, and a set timeframe stated for this to happen.  If you want it cut & stacked for burning ... WHERE?  ALL landowners have the right to dictate what happens on their land, and they are smart if they all consider using the same lease document, with room for individual addendums to compensate for sugarbush income lost if applicable.  Consider if this is land you use for pasture, a crop,  whatever, because it will no longer be yours to use for any kind of income-producing activity.  It will only be yours @ tax time.

The company leasing it however, can gain income from it by sub-leasing to other companies for other uses unless your initial lease states NO SUB-LEASING.

This is more of a "deal" than you may have realized.  It is important for neighbors to stick together.  This isn't about whether you like them or not.  It's business.  This is your start.

Pipelines running from state to state (interstate) have eminent domain but you still have some leverage. YOU  DO!  ... simply not as much as if you're talking gathering lines, water lines, etc..

Good luck from the PA/NY 4-County Leasing Group!

Permalink Reply by Bird on December 10, 2011 at 9:53am

 check everything out for my dad there right of way will be next to the state road right of way the gas line right of way will be with in 23 feet of there house.That just to close to have a 20inch gas pipeline

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